Arizona Ruling Accepts Administration's Main Arguments

By: Jan Crawford
Topics: Crossroads

(Credit: AP)

The ruling was a complete victory for the Obama Administration. Judge Susan Bolton accepted every major argument the administration made: That the power to regulate immigration lies exclusively with the federal government, and that the Arizona law will burden legal aliens and U.S. citizens.

Bolton said Congress has created a complex framework to regulate immigration, and that the most controversial provisions in the Arizona law interfere with that framework--despite the state's efforts to address a serious problem.

"The Court by no means disregards Arizona's interests in controlling illegal immigration and addressing the concurrent problems with crime, including the trafficking of humans, drugs, guns and money," Bolton wrote. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

The ruling was swiftly denounced by groups that have supported the law. William Gheen, president of Americans for Legal Immigration, said they would continue the fight.

"For this judge and the Obama Administration to actively thwart the will of the people and our republican form of governance is anti-constitutional," Gheen said. "A lot of Americans are going to be enraged when they hear this news."

The ruling--which will be appealed--could also chill efforts in 20 states to pass similar laws.

Bolton blocked the most controversial parts of the law:

SECTION TWO: Requiring police to make a reasonable attempt to determine immigration status during a lawful stop, where the officer reasonably suspects the person is illegally in the country.

The Administration argued this section was preempted because it would result in harassment of lawfully present aliens and burden federal resources.

Bolton agreed. "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked."

"All arrestees will be required to prove their immigration status to the satisfaction of state authorities, thus increasing the intrusion of police presence into the lives of legally-present aliens (and even United States citizens), which will necessarily be swept up by this requirement."

SECTION THREE: Making it a state crime for failing to complete or carry registration papers.

Bolton: Also preempted because it would interfere with federal policy on immigration and burden lawful aliens and citizens.

SECTION FIVE: Making it a crime for an alien to work or try to get a job.

Bolton: Also preempted. Federal law and policy has focused on employers, not on employees, except where aliens use false documents.

More on the Arizona ruling:

Judge Hands Victory to AZ Immigration Law Foes
Read Judge Bolton's Decision
Arizona Immigration Decision: Early Reaction
Tension Builds As Arizona Immigration Law Looms
Arizona Helped Deport 26,000 without New Law
Ariz. Gov. Seeks Dismissal of Immigration Suit
Neo-Nazi Group Patrolling U.S. Border
Is Political Rhetoric Hurting Ariz. Tourism?

Jan Crawford
Jan Crawford is CBS News' political correspondent.
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by Amusedbyitall October 5, 2010 3:53 AM EDT: President Obama did what he swore to do, defend the United States Constitution which grants the Federal government exclusive authority to regulate immigration. You don't like our Constitution, move someplace else. This has become the shrill cry of conservative Republicans. Blame President Obama for your failures. The persons truly at fault here is Senators Jon Kyl and John McCain, and the rest of the Arizona Congressional delegation, who have failed to place your concerns before the proper forum, the United States Congress. here's an idea. Why don't the conservative Republicans walk out into the desert, find a big old rock and express their concerns to the rock? You'll probably be just as successful whining to the rock as it has been to your conservative Republican representatives.; Reply to this comment


by Amusedbyitall October 5, 2010 3:45 AM EDT: President Obama did what he swore to do, defend the United States Constitution which grants the Federal government exclusive authority to regulate immigration. You don't like our Constitution, move someplace else. This has become the shrill cry of conservative Republicans. Blame President Obama for your failures. The persons truly at fault here is Senators Jon Kyl and John McCain, and the rest of the Arizona Congressional delegation, who have failed to place your concerns before the proper forum, the United States Congress. here's an idea. Why don't the conservative Republicans walk out into the desert, find a big old rock and express their concerns to the rock? You'll probably be just as successful whining to the rock as it has been to your conservative Republican representatives.; Reply to this comment


by truth-b-toll October 1, 2010 12:37 AM EDT: Oh SNAP!
I think a lot of racists just got Bi@#-slapped!
Protect the constitution!
GOD BLESS AMERICA!; Reply to this comment

by dwiseriver September 25, 2010 2:05 AM EDT

I am pretty well convinced by now that Obama is a Muslim that the Christian thing is a false front. We are being invaded inspite of laws that our government won't inforce while doing everything it can to thwart the will of the people. The liberal part of both parties seems to be antagonstic to those who wish to preserve our culture and heritage in order to please our enemies. It is probably time to begin empeachment proccedings against Obama and the judges who are in line with muslims and mexicans.

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by OnePlatypus September 29, 2010 12:27 PM EDT: haha...I believe (outside of Rome) Mexico is the most Christian nation on the planet; (most of Central and South America are very christian as well.) So..letting more christians in from Mexico means Obama is a Muslim??? Interesting logic you use...

I believe we need to do better at documenting and tracking immigrants; we do not have the staff to handle it so they come in illegally instead of waiting for papers, (which I think is a crime.) Fix the staff issue and fix the problem.

I will also note that this past year is the first year in a decade the illegal immigration declined. (Obama's first year in office.)


by documemts October 4, 2010 8:02 PM EDT: I'm pretty well convinced that your nots.


by sandyfs September 23, 2010 4:36 PM EDT: I have been saying that for years, I know several legal immigrants that took them 10 years to become legal, they went by the book, learned English, pledged their allegience to the American flag, did the footwork. And now you are telling them, it was all for nothing, all they had to do is come over the boarder illegal and spit on our flag, and speak no English. Shame on the White House Administration and Congress. When a country is being invaded you fight back and protect your home.; Reply to this comment

by magnumdr September 1, 2010 12:43 AM EDT

A Company called sub-zero is moveing to Arizona because the employees here would not take a paycut. Does anyone think that while in Arizone that sub-zero will hire any illegal immigrants cheeper so they can make even more money. What a dirty thing to do.

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by ToolMangler1 October 7, 2010 5:23 PM EDT: Sub-Zero, a maker of luxury refrigerators, freezers, and wine storage units, is relocating 100 jobs from Madison, Wisconsin, to Goodyear, Arizona. The company will purchase a 440,000-square-foot Goodyear facility to manufacture a new refrigerator line.

?The move of these production jobs and the service parts area is meant to make us more efficient and cost effective at producing the finest appliances without compromising quality," said Chuck Verri, vice president of human resources.

The Madison employees will be reviewed for other positions within the company. That facility produced Sub-Zero?s WS-30 wine storage units and its PRO48 refrigerators.


by magnumdr August 25, 2010 9:08 PM EDT: I think that I will try to avoid paying taxes so the illegals here won't have access to the over 40 billion dollars that us taxpayers pay for them to be here illegally. Isn't that reason enough to make these people go back to their homelands. My aotu insurance went up to pay for those that don't have auto insurance, I wonder who these people are?????.; Reply to this comment


by steeepe August 20, 2010 12:19 PM EDT: "For this judge and the Obama Administration to actively thwart the will of the people and our republican form of governance is anti-constitutional," Gheen said. "A lot of Americans are going to be enraged when they hear this news."

Maybe Gheen is wrong about the Constitution. Wouldn't be a surprise. Seems like the GOP hates the Constitution these days with its equal protection for religions and other offensive protections. States don't have the right to enact their own immigration laws. Anybody can see that. And "a lot of Americans" don't know their a@@ from their elbow anyway. Fine employers heavily for employing illegal immigrants -- the we'll see a change.; Reply to this comment

by mybuzzcomments August 10, 2010 5:30 PM EDT

Time to toss this administration out. If you can't prove your in this country legally when lawfully ask your out of here.

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by mybuzzcomments August 10, 2010 5:38 PM EDT: Is it just me, or does anyone else find it amazing that during the mad cow epidemic our government could track a single cow, born in Canada almost three years ago, right to the stall where she slept in the state of Washington? And, they tracked her calves to their stalls. But they are unable to locate 11 million illegal aliens wandering around our country. Maybe we should give each of them a cow.


by documemts August 25, 2010 9:11 PM EDT: "Maybe we should give each of them a cow" and forty acres?


by magnumdr August 9, 2010 6:30 AM EDT: I personally wouldn't accept any ruleing that our Government laid out for me to follow until our Government accepted the laws of the Constitution of the USA!; Reply to this comment